Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 14109 (GAU)

MUSAHIDUL ISLAM v. THE STATE OF ASSAM

AB/2167/2026 · 2026-09-09

Shamima Jahan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010195312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2167/2026 MUSAHIDUL ISLAM SON OF MAHKUB ALI, RESIDENT OF VILLAGE HAMLAKUR, PO-BALIKUCHI, PS-MUKALMUA, DISTRICT-NALBARI, ASSAM, PIN-781126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MR J DAS,MR T CHAKRABORTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 10.09.2026 Heard Mr. R. D. Sarma, the learned counsel appearing on behalf of Mr. D. Choudhury, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Hajo P.S. Case No. 410/2026, registered under Sections 69/316(2)/308(2) of Page No.# 2/3 the BNS, 2023. 3. The FIR in connection with which the petitioner apprehends arrest was lodged on 13-08-2026, by the victim herself, stating that she was in relationship with Accused No. 1, arrayed as such in the FIR, and that marriage between her and Accused No. 1 was finalized by the family of both the parties. However, she stated that the relatives of Accused No.1, which includes the petitioner, had deferred the marriage on one ground or the other. She also submits that a day was fixed for the court marriage but then the relatives of the Accused No.1, including the petitioner had again deferred the court marriage. The learned counsel for the petitioner submits that there are no allegations against the petitioner in the said FIR, as he has got nothing to do with the offence that has been alleged by the informant. 4. Mr. R. J. Baruah, however, submits, that it is specifically stated in the FIR that the relatives of the Accused No.1, had deferred the marriage of her with Accused No.1. 5. Upon consideration of the submissions made by the learned counsels, more so in view of the fact, no specific allegation has been made against the petitioner, this court deems it fit, to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: i) The petitioner shall appear before the Arresting Authority within 10 days from the date of this order. Page No.# 3/3 (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (iii) The petitioner shall not leave their residence without prior permission of the Arresting Authority. 6. The AB Application stands disposed of. JUDGE Comparing Assistant